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the current document as it appeared on Public Inspection on
04/13/2015 at 08:45 am.

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Start Preamble

AGENCY:

U.S. International Trade Commission

ACTION:

Notice.

SUMMARY:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 10, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Jacobs Vehicle Systems, Inc. of Bloomfield, Connecticut. An amended complaint was filed on March 24, 2015. A supplement to the amended complaint was filed on April 3, 2013. The complaint, as amended and supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain variable valve actuation devices and automobiles containing the same by reason of infringement of certain claims of U.S. Patent No. 5,829,397 (“the '397 patent”); U.S. Patent No. 6,474,277 (“the '277 patent”); U.S. Patent No. 6,883,492 (“the '492 patent”); U.S. Patent No. 7,059,282 (“the '282 patent”); U.S. Patent No. 8,776,738 (“the '738 patent”); and U.S. Patent No. 8,820,276 (“the '276 patent”). The complaint, as amended, further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337.

The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

ADDRESSES:

The complaint, as amended, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.

Start Authority

Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2015).

End Authority

Scope Of Investigation: Having considered the complaint, as amended, the U.S. International Trade Commission, on April 8, 2015, ordered that—

(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain variable valve actuation devices and automobiles containing the same by reason of infringement of one or more of claims 32 and 33 of the '397 patent; claim 36 of the '277 patent; claims 38-42, 44, and 45 of the '492 patent; claims 1, 4, 10, 13, 15-18, 25, and 27-30 of the '282 patent; claims 1, 3, 5-7, 13-22, 31, 35-50, and 53-56 of the '738 patent; and claims 1-10, 17, 19-23, and 26-28 of the '276 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337;

(2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: FCA US LLC, 1000 Chrysler Drive, Auburn Hills, MI 48326.

(3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.

Responses to the complaint, as amended, and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint, as amended, and the notice of investigation. Extensions of time for submitting responses to the complaint, as amended, and the notice of investigation will not be granted unless good cause therefor is shown.

Failure of a respondent to file a timely response to each allegation in the complaint, as amended, and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint, as amended, and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint, as amended, and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.